scholarly journals Collision Principles in Labor Relations Complicated by a Foreign Element: Experience of Uzbekistan

2019 ◽  
Vol 8 (2S11) ◽  
pp. 4094-4098
Keyword(s):  
International Organizations ◽  
Labor Migration ◽  
Labor Relations ◽  
National Level ◽  
Legal Regulation ◽  
International Standards ◽  
Bilateral Agreements ◽  
International Labor ◽  
Foreign Labor

various scientific debates are taking place today not only at the national level but also within the framework of international organizations on the role of countries, international organizations on issues of legal regulation of foreign citizens’ activities, foreign labor migration and its legal regulation. The main reason for this is sharp increase of labor migration process in the world in recent years, growing aspirations of foreign citizens in carrying out activities in other countries, as well as involvement of foreign professionals in working in other countries as the result of attracting foreign investment, signing bilateral agreements of employment on the basis of the principle of reciprocity between the two states. Bringing national legislation on human rights in accordance with international standards, development of foreign economic activity of enterprises and organizations entail the emergence and increase of labor relations with so-called foreign element. Based on this, in this article, different aspects of collision-legal regulation of labor relations with complicated foreign element are covered and analyzed. In this, the author pays attention to the types and importance of collision norms governing international labor relations, as well as the principle of autonomous will as a method of collision-legal regulation of labor relations.

scholarly journals ON THE FUTURE OF LABOR LAW IN THE ERA OF CHANGE

2018 ◽  
pp. 55-65
Author(s):  
ANDREУ LUSHNIKOV ◽  
MARINA LUSHNIKOVA
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Partner ◽  
International Labor ◽  
The Future ◽  
Logical Method ◽  
Basic Characteristics ◽  
Further Development

Introduction: in this article the authors examine the complex issues related to certain contours of the future of labor law in the conditions of change. An analysis of contemporary Western and Russian literature on the stated topic is given. Methods: comparative legal, historical, system methods, as well as the modeling method and the formal-logical method. Analysis: particular attention is paid to the numerical growth of atypical labor relations, which are inherent in the postindustrial society. Their main characteristics associated with a deviation from the three classical cha- racteristics (personal, organizational and property), as well as from the model of the traditional «working» contract, are proposed. It stressed the importance of information, technological and social aspects of the new organization of work, discussed the problem of «living wage» and the prospects of its solution. Results: the authors proposed three options for further development of labor law, the most likely one was identified. According to the authors, this option is associated with a reduction in the scope of the mandatory legal regulation of labor relations and the total number of specialized regulatory legal acts, with an increase in the role of judicial law. Accordingly, the role of horizontal (individual-contractual and social-partner) regulation of labor relations increases. The article proposes the author’s periodization of the stages of labor organization. As the conclusions the basic characteristics inherent in labor law of the future are offered: 1) strengthening of flexibility in regulation of labor relations, expansion of the sphere of normative differentiation and contractual regulation; 2) the transformation of labor law towards a comprehensive legal education «human rights in the process of wor- king life», 3) the growing role of international labor law in connection with the process of globalization.

SEPARATE PROBLEMS OF INTERNATIONAL LEGAL REGULATION OF DEVELOPMENT OF ALTERNATIVE ENERGY SOURCES

2018 ◽  
Author(s):  
Ievgenii Shulga ◽  
◽  
Nataliia Shynkaruk ◽  
Nataliia Yashchuk ◽  
◽  
...  
Keyword(s):  
International Organizations ◽  
Energy Security ◽  
Alternative Energy ◽  
Renewable Energy Sources ◽  
Well Being ◽  
Legal Regulation ◽  
Energy Sources ◽  
Alternative Energy Sources ◽  
The Government

The article examines topical problems of the role of international organizations in the direction of the development of alternative energy and strengthening of energy security in the world. Considerable attention is paid to the importance of the introduction and development of alternative energy in the context of ensuring environmental human rights and economic well-being. Analyzed the main international legal treaties regulating the reduction of greenhouse gas emissions into the atmosphere and the use of alternative renewable energy sources. The main international governmental and non-governmental organizations in the direction of ensuring environmental and energy security have been identified. Attention is drawn to the need to strengthen the role of these organizations by strengthening the functions of supervision and monitoring to increase the possibility of influencing states that do not comply with the provisions of signed and ratified international conventions. It is concluded that it is necessary to adjust the vector of development of instruments for the protection of environmental rights in the direction of its world globalization. The existing global concept for the development of alternative energy sources requires changes. Given that the environmental problem is universal and, although to one degree or another, it still affects every person, regardless of country or nationality, the obligation to protect the environment must be universal, fulfilled and enforced not only by the government bodies of sovereign states, but also international government organizations. It is noted that the programs and recommendations of international organizations are developed directly for individual states, taking into account their geographical and economic location when choosing the types and methods of developing alternative energy.

scholarly journals Ensuring Freedom of Labor in Ukraine in the Context of Labor Emigration

2018 ◽  
Vol 11 (2) ◽  
pp. 1-31
Author(s):  
Mykola Inshyn ◽  
Olena Moskalenko
Keyword(s):  
Labor Migration ◽  
Statistical Data ◽  
Labor Relations ◽  
Labor Law ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Labor Disputes ◽  
Existing Problems ◽  
Legal Provisions ◽  
Wide Range

Abstract The article is devoted to substantiating the necessity of using existing tools and means of labor law science in certain aspects of labor migration, particularly, concerning the provision of labor freedom for Ukrainian workers - labor emigrants. The integrated approach to the development of methodological foundations for such provision and the development of relevant legal provisions at various stages of realization of a person’s right to labor, as well as in part of ensuring the prohibition of compulsory labor, can qualitatively raise the level of legal regulation of labor migration through the inclusion of labor law science. In support of its argument the article provides a wide range of statistical data on Ukrainian labor emigration. It is determined that the existing problems of Ukrainian labor emigration in the context of ensuring freedom of work can be systematized at the stages of their occurrence in the following way: 1) before the emergence of labor relations with a foreign employer, that is, as long as a Ukrainian citizen is still in Ukraine and acts for the purpose of employment abroad; 2) the emergence of labor relations with a foreign employer, that is, the legal registration of such relationships; 3) the actual beginning of labor relations outside Ukraine, the course of labor relations and the presence of a Ukrainian labor emigrant in them; 4) termination of labor relations of the Ukrainian labor emigrant and return to the territory of Ukraine. The emergence of labor disputes is the optional stage.

Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

2021 ◽  
pp. 1-10
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Private Investment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Legal Doctrine ◽  
Private Partnership ◽  
Cross Border ◽  
State Actors ◽  
The Impact

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

scholarly journals Role of International Organizations in Driving Rule-Making: The Example of the International Labour Organization

2018 ◽  
Vol 112 ◽  
pp. 278-281
Author(s):  
Tomi Kohiyama
Keyword(s):  
Social Justice ◽  
International Organizations ◽  
Development Cooperation ◽  
International Labour Organization ◽  
Public Organization ◽  
Dynamic Approach ◽  
International Labor Standards ◽  
International Labor ◽  
Rule Making

Throughout its one hundred years of existence, the International Labour Organization (ILO) has taken a dynamic approach to the implementation of its mandate to achieve social justice through the adoption of international labor standards. This approach is exemplified in three ILO declarations: the Declaration concerning the aims and purposes of the International Labour Organization, 1944 (Declaration of Philadelphia); the Declaration on Fundamental Principles and Rights at Work, 1998 (the 1998 Declaration) and the Declaration on Social Justice for a Fair Globalization, 2008 (the 2008 Declaration). These declarations contain expressions of renewed commitment by the ILO's tripartite membership toward the universal relevance of the Organization's constitutional mandate and its means of action (standards, development cooperation, and research), and by the ILO to support its members. These declarations have in addition adapted the vision of the ILO mission to contemporary circumstances for a better impact. As noted by Professors Alvarez and Burci, the ILO is a good example of a long-standing international public organization reinventing itself with very few amendments to its founding charter.

scholarly journals Directions of improvement of normative regulation of judicial status of investigating judge

Legal Ukraine ◽  
2019 ◽  
pp. 38-47
Author(s):  
Svetlana Sharenko
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Due Process ◽  
Control Function ◽  
Legal Regulation ◽  
Private Life ◽  
International Standards ◽  
Judicial Control ◽  
The Right

The article deals with legal regulation of the procedural status of an investigating judge. The author examines the standards that are formulated in the relevant international legal acts, in the practice of the ECHR, in the positions expressed by European experts, and relates to the activities of an investigating judge. They are classified into three groups: (a) Standards defining as a whole the requirements for the place and role of the court in the implementation of criminal justice, and therefore extend to all judicial functions, including judicial control function; b) standards defining the requirements for the organization and implementation of the judicial control function at the stage of pre-trial investigation; c) standards that determine the requirements for observance of human rights and freedoms, and thus serve as guiding points for subjects exercising judicial control powers. Standards defining in general the requirement for the place and role of the court in the implementation of criminal justice (such as the availability of justice, binding judgments, fair trial, due process hearing, equality before the law and the court, parties’ competition, transparency of the judicial system etc.), as well as standards that define requirements for the observance of human rights and freedoms (such as the right to liberty and security of person, the right to respect for private life, the right to protection, etc.) have already been sufficiently studied at the level of special investigations. The subject of this study is international standards, which determine the requirements for the organization and implementation of judicial control at the stage of pre-trial investigation. The author examines the standards of protection of constitutional rights by the court, a standard for clearly demarcating the role of investigator, prosecutor and investigating judge in order to ensure real competition at the stage of pre-trial investigation; the standard of the materiality of the right of restriction; standard of urgency of judicial control; the standard of the prohibition of the participation of an investigating judge in the examination of the merits. Key words: standards of activity of an investigating judge, judicial control powers, judicial control, the investigating judge.

scholarly journals International Labor Migration and Remittances in Nepal

2020 ◽  
Vol 1 (1) ◽  
pp. 172-180
Author(s):  
Renuka Kumari Karki
Keyword(s):  
International Migration ◽  
United Arab Emirates ◽  
Labor Migration ◽  
Secondary Data ◽  
Positive Contribution ◽  
Temporary Migration ◽  
International Labor ◽  
Foreign Labor ◽  
Working Age ◽  
The Government

International migration and remittance are major areas of population and development. This study identifies the trend and destination of foreign labor migration in Nepal and highlights the flow of remittance status and its contribution to the gross domestic product in Nepal. This study is based on the secondary data collected from the various national and international organizations. Migration from Nepal has expanded tremendously since the mid-1990s, accompanied by a continuous broadening of the variety of destinations. Nepal has observed a rapid increase of absent population over census periods. International migration for work has changed significantly as is evident in the growing outflow of temporary migration of youths, both men and women, to work in newly emerging economies like Malaysia, Qatar, Saudi Arabia, and United Arab Emirates. Emigration has come to be recognized as an important factor both for changing ways of life of people and for the positive contribution to the nation’s economy. In terms of remittance inflows as percent of GDP, Nepal is the third largest remittance receiver in the world. Taking all these factors into consideration, the only problem with it is that; until now, the government only seems to have adopted policies to encourage youth to find employment opportunities and provide remittance in turn but not for them to invest in productive sector to create more jobs and to retain working age population within the country.

The Price of Rights

2013 ◽  
Author(s):  
Martin Ruhs
Keyword(s):  
Human Rights ◽  
Nongovernmental Organizations ◽  
International Organizations ◽  
Migrant Workers ◽  
Labor Migration ◽  
Blind Spot ◽  
Trade Off ◽  
Nation States ◽  
International Labor ◽  
Admission Policies

This chapter examines the implications of the analysis in this book for human rights debates and the rights-based approaches to migration advocated by many international organizations and nongovernmental organizations concerned with protecting and promoting the interests of migrant workers. It highlights the danger of a blind spot in human rights–based approaches to migration, which are often focused on protecting and promoting migrant rights without taking into account the consequences for nation-states' policies for admitting new migrant workers. The trade-off between openness and some specific migrant rights in high-income countries' labor immigration policies means that insisting on equality of rights for migrant workers can come at the price of more restrictive admission policies and, therefore, discourage the further liberalization of international labor migration.

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